By Lehlohonolo Lehana.
@GalloImages.
Department of Social Development (DSD) Chief Communications Director Lumka Oliphant is set to return to work after the Bargaining Council found her dismissal was procedurally and substantively unfair.
Oliphant was dismissed on October 17, 2025, after a disciplinary process. In a letter informing her of the decision, then director-general Peter Netshipale said she had been found guilty of misconduct after being given an opportunity to respond to the charges and make representations on the sanction.
She maintained that she was targeted because former minister Sisisi Tolashe suspected her of leaking information about her scandalous overseas trip.
In its ruling on Tuesday, 20 October 2026, the Council found Oliphant’s dismissal to be procedurally and substantively unfair under section 188 of the Labour Relations Act.
“The dismissal of the Applicant, Ms Lumka Oliphant is procedurally and substantively unfair in terms of section 188 of the LRA,” the award states.
The council ordered the department to reinstate her retrospectively from the date of her dismissal, on the same terms and conditions of employment that applied at the time.
The bargaining council instructed Oliphant to report to work on 1 November.
The final order sets her back pay at R1 535 516.04, equivalent to 12 months’ remuneration.
The department must pay two equal instalments of R767 758.02, the first by 15 November 2026 and the second by 15 December 2026.
In response, Oliphant said the ruling came a year and three days after her dismissal and thanked those who had supported her throughout the dispute.
“Exactly a year and 3 days! The Social Development and Health Bargaining Council has reinstated me with retrospective pay! I thought I’d be ready for this day but I am not,” she said.
She thanked supporters for their love, prayers and encouragement, saying she had never felt alone during the process.
“Your belief in my story. Not once did I feel alone. You prayed. You fasted. You encouraged,” she added.
Oliphant joined the DSD in June 2011 and later acted in senior positions, including the deputy director-general. Her reinstatement is the latest chapter in the unravelling of Tolashe’s administration, as the fallout from irregular appointments, disputed dismissals and misuse of public funds.